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Politics A Level > Congress > Flashcards

Congress Flashcards

1
Q

What are the concurrent powers of Congress?

A
  • Constitutional amendments - two thirds of both houses must agree to amendment
  • Confirming a new VP, if the office becomes vacant through resignation or becoming president they must vote in a new one.
  • Passing legislation. All legislation must pass both houses.
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2
Q

What are the exclusive powers of the House?

A
  • Elect a president if the electoral college is deadlocked.
  • Initiate money bills, only they can initiate but both vote on it.
  • Bring articles of impeachment - Clinton 1998, trump 2020, 2021.
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3
Q

What are the exclusive powers of the Senate?

A
  • Confirm presidential appointments; judicial nominees, cabinet appointments, ambassadors etc.
  • Gives advice and consent, allowing the President to ratify treaties (2/3 of senate)
  • Try cases of impeachment, 2/3 of senate to remove a president.
  • Elect VP if the electoral college is deadlocked.
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4
Q

What are the checks that Congress have on the President? (6)

A
  1. Block or amend their proposed legislation
  2. Override President’s veto
  3. Power of the purse
  4. Confirm appointments
  5. Declare war/ approve military action
  6. Ratify treaties.
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5
Q

Example of congress having an effect on Obama’s legislation

A
  • Passed ACA 2010 (BUT - Conservative democrats forced Obama’s hand into passing an EO against using federal money for abortions so they would vote for it.)
  • Blocked his immigration reform and gun reform (Assault Weapons Ban of 2013)
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6
Q

How did Congress attempt to hold up Trump’s proposals?

A
  • Blocked his demand for money for the wall in budget; tried to block his national emergency by passing a resolution but he vetoed it, they couldn’t get 2/3 to override that.
    • However, he would have been a lot more successful if he had had congress’ support.
  • Trump failed to pass healthcare reform multiple times, especially his AHCA in 2017 (nicknamed Trumpcare), as Republicans in Congress revolted
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7
Q

When was power of the purse used?

A
  • To try to stop Vietnam, Iraq and the wall.
  • Bush pocket vetoed the Iraq defunding, and Trump used a national emergency to fund the wall instead (which Congress failed to stop)
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8
Q

Examples of Congress blocking appointments

A
  • Mitch McConnell wouldn’t hear Merrick Garland’s hearing.
  • They blocked John Towers’s appointment for claims of alcohol abuse (Secretary of Defense)
  • Democrats blocked Robert Bork for SC because of his very Conservative views (partisan)
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9
Q

Recent controvertial SC nominee

A

Amy Coney Barret appointed in 2020, just a month before the election - heard and appointed, even though McConnel refused to hold a vote on Garland in the same circumstances in 2016.

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10
Q

Appointment that highlights a loophole and failure of Congress’ oversight, and its signficance

A

Appointment of Trump loyalist Whitaker as “ACTING” attorney general. Normally, the senate must confirm appointments but under the Federal Vacancies Act (1998), Trump can avoid this by appointing him ‘temporarily’.

It was the day after the midterms where the Dems took control of the house and would have likely scrutinised Trump strongly on Mueller report - Whitaker provided more protection.

It also sets precedent for other Presidents, obstruction of justice - weak congress.

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11
Q

Congressional power to declare war

A

Last used in 1942, against Hungaria, Bulgaria and Romania

But since the US has been in wars and lots of military activity, this is due to the president’s power as commander in chief.

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12
Q

Treaties that the Senate have/ have not ratified

A

Disability Rights Treaty 2012 - not ratified but signed by Obama in 09 and negotiated by Bush

Strategic Arms Reduction Treaty with Russia 2010. (NEW START), ratified 71-26

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13
Q

What are the 6 oversight powers of congress?

A
  1. Impeachment
  2. Power of the Purse
  3. Ratifying treaties
  4. Ratifying appointments
  5. Investigation through committees
  6. Approving military action
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14
Q

Summarise the Russia Investigation and if it was effective oversight

A
  • Trump was being investigated for possible collusion with Russia in the 2016 election, by FBI director James Comey (who Trump fired) and Special Counsel Robert Mueller (appointed by Dep. AG rosenstein)
  • Trump tried very hard to obstruct any efforts, offering pardons, trying to convince people at private dinners, using executive privilege and releasing a redacted version of the Mueller report to the public.
  • In the end, although Mueller said there was almost definitely Russian interference, he couldn’t prove that the Trump campaign were involved.
  • It’s effective oversight because it needed to be brought to light but it was mainly partisan motivated.
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15
Q

Things that affect effective Congressional oversight of the president

A
  • Whether the house, senate and president belong to the same party
  • When the next election is (congress may be more focused on pleasing constituents)
  • Which branch has the most recent mandate
  • The poll and popularity ratings of the president.
  • National circumstances and context
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16
Q

The power of investigation pro and con

A

+ Congress can investigate executive and highlight issues, power of subpoena

  • They only end in recommendations, no criminal proceedings
17
Q

Ratifying appointments pro and con (senate)

A

+ nominees well vetted and usually dont need to reject but they can. Check on other branches.

  • Reactive power, can only act once the president has nominated someone. can not continually reject otherwise they look partisan
18
Q

Ratifying treaties pro and con

A

+ Has ratified a few treaties eg START 2010 and rejected some Convention on the rights of persons with disabilities 2012.

  • President can move round this with executive agreements
19
Q

Impeachment pro and con

A

+ Effective threat and has been used more recently

  • President always found not guilty even when they should be, often very partisan.
20
Q

Declaring war pro and con

A

+ Congress Have used this power 11 times, although not since WW2.

  • 1942 - Congress have little choice in authorising action and President just mobilises troops. Especially after something like 9/11 when there is such public support. 2017 - Trump launched 59 missiles into syrian airbase
21
Q

Difference between a treaty and an executive agreement?

A

Senate have to approve treaty’s ratification, EA can be signed without approval but is less formal.

22
Q

Michael Cohen Testimony/investigation - committee oversight

A

Broke campaign finance rules because he didn’t declare money paid to stormy Daniels, despite it being beneficial to trump’s campaign.

Cohen had already lied under oath and he flipped sides to help the FBI.

Shows effective oversight in exposing truths to the public, but was partisan-motivated.

23
Q

Clinton Testiomy - committee oversight (under obama)

A

Clinton was the secretary of state while the ambassador to Libya was Killed in Benghazi.

Republicans controlled the House Select Committee and wanted to question her negligence.

There was six committess in the House that held hearings on it, with another two in the senate.

Well known that she is going to run for president so GOP want to wreck her campaign, and

Although there needed to be an investigation, the committee had no time limit, no rules, unlimited budget - purely partisan. They also used the visual aid of stacks of emails to overblow the investigation (sparked another controversery over her emails)

24
Q

Impeachment argument its effective and ineffective with evidence

A

+ Threat of impeachment forced Nixon to resign, Clinton and Trump held accountable for their actions.

  • Partisan motivations, and likely to be ineffective. More frequent use with no consequenes reduces signidicance.
25
Q

Nunes memo

A
  • Nunes was a Trump loyalist and the chair of the house intelligence committee.
  • He claimed the FBI were partisan as they were working off info brought by a Democrat.
  • Nunes released a memo that stated the FBI were biased against Trump, as well as visiting the White House to see classified documents not shared with the rest of the committee. He then made a subcommittee entirely full of Republicans - criticised and forced to effectively ‘recuse’ himself.
26
Q

Trump First Impeachment Inquiry 2019.

A

Trump investigated for leveraging military aid in return for Ukrainian President Zelensky to investigate Joe and Hunter Biden. Clearly trying to undermine political opponent Joe Biden, he was impeached in the House for obstruction of Congress (defied subpoenas of documents and testimony) and abuse of power, and then acquitted in the senate.

27
Q

Trump Second Impeachment Inquiry 2021.

A

Trump was impeached in the house with 10 Republican representatives voting to impeach him on charges of “incitement of insurrection” at the storming of the capitol.

Trump was acquitted in the senate but he was the first president to ever be impeached twice, and recieved the most bipartisan support conviction has ever recieved (including from prominent/ranking Senators such as Mitt Romney or Ben Sasse and Richard Burr)

28
Q

Examples of Congress controlling foreign policy

A
  • 2/3 of Congress needed to ratify a treaty - eg rejected 1999 Comprehensive nuclear test ban treaty
  • Overrode Obama’s veto of JASTA - with bipartisan support
29
Q

Examples of President controlling Foreign policy - international agreements

A

80% of international agreements are executive agreements. - eg:

  • Paris Accord 2015
  • Iran Nuclear Deal - non binding political agreement - repealed by Trump
30
Q

Is Iran Nuclear deal an executive agreement?

A

No - a non binding political agreement.

31
Q

Examples of Congress controlling Foreign policy - military action

A
  • Congress can declare war
  • Power of the purse - Vietnam
  • War powers resolution 1973 - must give congress 60 days notice before deploying troops, must withdraw them after 30 days if no congressional consent is given.
32
Q

Examples of President controlling Foreign policy -Military action

A
  • Obama bombing in Libya - got around war powers resolution by saying there were no hostilities there
  • Trump did not consult Congress before ordering a drone strike to kill an Iranian general in 2020.
  • Trump sending 58 missiles to Syrian bases without congressional authorisation
33
Q

Examples of Congress controlling Foreign policy - oversight

A

Following 2006 midterms there were over 100 enquiries and hearings concerning Iraq and later Afghanistan - showing effective oversight. Also Benghazi hearings.

34
Q

Examples of President controlling Foreign policy - oversight -

A

Benghazi was partisan motivated to ruin Clinton - no rules, no timeframe, no budget.

Despite there being a house armed services committee set up after, Bush invaded Iraq in 2001 - there was only 1 hearing until 2004.

Politics A Level (2 decks)

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